Several European countries are pushing for greater authority to deport foreign criminals, citing dissatisfaction with the European Court of Human Rights’ interpretation of human rights conventions. This pushback follows a joint letter from nine nations, including Denmark and Italy, expressing concerns that the court’s rulings hinder their ability to deport dangerous individuals.

The debate has drawn a response from the Secretary General of the Council of Europe, Alain Berset, who cautioned against the politicization of the court. While acknowledging the importance of debate, Berset emphasized that judicial independence should be respected.

Experts suggest that while directly forcing the court to change its practices is not possible, sustained political pressure and unified action from member states can influence the court’s direction. The Copenhagen Declaration from 2018, which promoted increased dialogue between the court and member states, serves as an example of such influence.

The core of the issue revolves around Article 8 of the European Convention on Human Rights, concerning the right to private and family life, which has often been cited in cases preventing deportations. Despite these concerns, some experts argue that deporting criminal foreigners has become easier in recent years, citing the case of Mahmoud Khalil Salem, a gang leader deported despite his strong ties to Denmark, as an example.

Proposals to withdraw from the Human Rights Convention and rejoin with reservations have been dismissed by experts as legally unsustainable. Amending the convention requires unanimous agreement from all 46 member states of the Council of Europe, making significant changes difficult. While withdrawing from the convention remains an option, it would carry substantial political and diplomatic consequences.